H.L. Zumwalt Construction, Inc. v. Road Repair, LLC

Court of Appeals of Texas

H.L. Zumwalt Construction, Inc. v. Road Repair, LLC

DecidedMarch 27, 2020

Docket04-20-00134-CV

StatusPublished

This text of H.L. Zumwalt Construction, Inc. v. Road Repair, LLC (H.L. Zumwalt Construction, Inc. v. Road Repair, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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H.L. Zumwalt Construction, Inc. v. Road Repair, LLC, (Tex. Ct. App. 2020).

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Opinion

Fourth Court of Appeals San Antonio, Texas March 27, 2020

No. 04-20-00134-CV

H.L. ZUMWALT CONSTRUCTION, INC., Appellant

v.

ROAD REPAIR, LLC, Appellee

From the 111th Judicial District Court, Webb County, Texas Trial Court No. 2015CVQ002791D2 Honorable Monica Z. Notzon, Judge Presiding

ORDER

The reporter’s record was originally due on April 7, 2020. On March 25, 2020, court reporter Vincente Mendoza filed a notification of late record, notifying this court that the reporter’s record has not been filed because: (1) appellant has failed to request the record, and (2) appellant has failed to pay or make arrangements to pay the reporter’s fee for preparing the record.

It is therefore ORDERED that appellant provide written proof to this court within ten (10) days of the date of this order that appellant has requested the court reporter to prepare the reporter’s record, which request must designate the portions of the proceedings and the exhibits to be included. See TEX. R. APP. P. 34.6(b)(1).

It is further ORDERED that appellant provide written proof to this court within ten (10) days of the date of this order that either (1) the reporter’s fee has been paid or arrangements have been made to pay the reporter’s fee; or (2) appellant is entitled to appeal without paying the reporter’s fee.

The reporter’s record must be filed no later than thirty (30) days after the date appellant’s written proofs are filed with this court. If appellant fails to respond within the time provided, appellant’s brief will be due within thirty (30) days from the date the clerk’s record is filed, and the court will consider only those issues or points raised in appellant’s brief that do not require a reporter’s record for a decision. See TEX. R. APP. P. 37.3(c). _________________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of March, 2020.

___________________________________ Michael A. Cruz, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas March 27, 2020

No. 04-20-00134-CV

H.L. ZUMWALT CONSTRUCTION, INC., Appellant

v.

ROAD REPAIR, LLC, Appellee

From the 111th Judicial District Court, Webb County, Texas Trial Court No. 2015CVQ002791D2 Honorable Monica Z. Notzon, Judge Presiding

ORDER

The reporter’s record was originally due on April 7, 2020. On March 25, 2020, court reporter Vincente Mendoza filed a notification of late record, notifying this court that the reporter’s record has not been filed because: (1) appellant has failed to request the record, and (2) appellant has failed to pay or make arrangements to pay the reporter’s fee for preparing the record.

It is therefore ORDERED that appellant provide written proof to this court within ten (10) days of the date of this order that appellant has requested the court reporter to prepare the reporter’s record, which request must designate the portions of the proceedings and the exhibits to be included. See TEX. R. APP. P. 34.6(b)(1).

It is further ORDERED that appellant provide written proof to this court within ten (10) days of the date of this order that either (1) the reporter’s fee has been paid or arrangements have been made to pay the reporter’s fee; or (2) appellant is entitled to appeal without paying the reporter’s fee.

The reporter’s record must be filed no later than thirty (30) days after the date appellant’s written proofs are filed with this court. If appellant fails to respond within the time provided, appellant’s brief will be due within thirty (30) days from the date the clerk’s record is filed, and the court will consider only those issues or points raised in appellant’s brief that do not require a reporter’s record for a decision. See TEX. R. APP. P. 37.3(c). _________________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of March, 2020.

___________________________________ Michael A. Cruz, Clerk of Court

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H.L. Zumwalt Construction, Inc. v. Road Repair, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hl-zumwalt-construction-inc-v-road-repair-llc-texapp-2020.